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The structure of the number of Government members is decided by the Prime Minister and submitted to the National Assembly.

Báo Đại Đoàn KếtBáo Đại Đoàn Kết18/02/2025

On February 18, with 96.86% of National Assembly delegates present in agreement, the National Assembly voted to pass the Law on Government Organization (amended).


Regarding the organizational structure and members of the Government, the Law stipulates: The Government consists of the Prime Minister , Deputy Prime Ministers, Ministers and Heads of ministerial-level agencies. The number of Government members is decided by the Prime Minister and submitted to the National Assembly for decision. The organizational structure of the Government includes Ministries and ministerial-level agencies. The establishment and abolition of Ministries and ministerial-level agencies is decided by the Government and submitted to the National Assembly for decision. The term of the Government follows the term of the National Assembly. When the National Assembly's term ends, the Government continues to perform its duties until the new National Assembly forms a Government.

Principles of organization and operation of the Government , the Law stipulates, the organization of the administrative apparatus for multi-sectoral, multi-field management, streamlined, efficient, effective, and efficient; ensuring the principle that lower-level agencies submit to the leadership, direction, and strictly comply with the decisions of higher-level agencies. Clearly define the tasks, powers, and responsibilities between the Government, the Prime Minister, and Ministers, Heads of ministerial-level agencies, and the functions and scope of management between Ministries and ministerial-level agencies; ensuring the principle of collective leadership and individual responsibility, promoting the personal responsibility of the head.

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National Assembly deputies vote to pass the draft Law. Photo: Quang Vinh.

In addition, the reasonable decentralization and delegation of power between the Government and local authorities must ensure the Government's unified management and promote the initiative, creativity and self-responsibility of local authorities. The decentralization and delegation of power must ensure clear subjects, contents, scope of tasks, powers, publicity, transparency, accountability, supervision, inspection, examination and control of power according to the provisions of the Constitution and laws.

The Law also stipulates: Decentralization is the National Assembly's regulation of the tasks and powers of agencies, organizations and individuals in laws and resolutions, ensuring compliance with the principles of delimitation of authority prescribed in this Law, the Law on Organization of the National Assembly, the Law on Organization of Local Government and other relevant laws. The determination of the tasks and powers of the Government and the Prime Minister and the division of tasks and powers between central state administrative agencies and local governments must be consistent with the principles of delimitation of authority, tasks and powers of the Government, the Prime Minister, Ministers and Heads of ministerial-level agencies prescribed in this Law and the conditions, characteristics, resources and capacity of localities; ensuring the initiative and autonomy of local governments in making decisions, organizing implementation and self-responsibility for the tasks and powers delegated.

In addition, central government agencies are responsible for guiding, coordinating, and cooperating with local authorities in their delegated tasks and powers. Local authorities proactively coordinate regional and inter-regional linkages in socio-economic development within their delegated scope.

Regarding decentralization, the Law stipulates: Decentralization in the system of state agencies is the act of a competent agency or person assigning another agency, organization or individual to continuously and regularly perform one or several tasks and powers assigned to them according to the provisions of law with conditions ensuring the performance of those tasks and powers according to the principle that the decentralized agency, organization or individual is fully responsible for the results of the performance of the decentralized tasks and powers. Decentralization must be stipulated in the legal documents of the agency or person with the authority to decentralize.

The Government and the Prime Minister shall delegate power to Ministers and Heads of ministerial-level agencies as heads of ministries, ministerial-level agencies, heads of government agencies, People's Councils, People's Committees, and Chairmen of People's Committees, except in cases where the law stipulates that decentralization is not allowed.

Ministers and heads of ministerial-level agencies shall delegate authority to the People's Council, People's Committee, Chairman of the People's Committee, organizations and units under the Ministry and ministerial-level agencies, except in cases where the law stipulates that delegation is not allowed.

Along with that, regarding authorization, the Law stipulates: Authorization in the state agency system is the act of an agency, organization, or authorized person assigning another agency, organization, or individual to perform within a specified period of time one or several tasks and powers assigned to them according to the provisions of law, according to the principle that the agency, organization, or authorized person is responsible for the results of performing the assigned tasks and powers. Authorization must be expressed in a document of the agency, organization, or authorized person.

The Prime Minister is authorized to delegate authority to Ministers, Heads of ministerial-level agencies, Heads of Government agencies, People's Committees of provinces and centrally run cities (hereinafter referred to as provincial level), and Chairmen of provincial People's Committees; Ministers and Heads of ministerial-level agencies are authorized to People's Committees of provinces and Chairmen of provincial People's Committees, except in cases where the law stipulates that decentralization or delegation is not allowed.

The authorization must ensure the following conditions: The authorization must be consistent with the capacity and ability to perform the tasks and powers of the authorized agency or person. The authorizer is responsible for monitoring, guiding, and inspecting the performance of the authorized tasks and powers; is responsible before the law for the legality of the authorization; is responsible for the results of the performance of the authorized tasks and powers, except in cases where the authorized agency or person does not perform in accordance with the content, scope, and time limit as authorized in Clause 5 of this Article. In cases where the authorization results in the need to change the order, procedures, and authority to perform the authorized tasks and powers, the provisions in Clause 6, Article 8 of this Law shall apply.

Immediately after the National Assembly passed the Law on Organization of the Government (amended), the National Assembly held a separate meeting; discussed in the Delegation about: Draft Resolution of the National Assembly on the organization of National Assembly agencies; Draft Resolution of the National Assembly on the number of members of the Standing Committee of the 15th National Assembly (amended); Contents on personnel work.



Source: https://daidoanket.vn/co-cau-so-luong-thanh-vien-chinh-phu-do-thu-tuong-chinh-phu-trinh-quoc-hoi-quyet-dinh-10300061.html

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